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GRAHAM v. HUDGINS, THOMPSON, BALL AND ASSOCIATES, INC.

Civ. No. 70-C-220.

319 F.Supp. 1335 (1970)

John A. GRAHAM, Plaintiff, v. HUDGINS, THOMPSON, BALL AND ASSOCIATES, INC., an Oklahoma Corporation, and the First National Bank and Trust Company, a National Banking Association, and Trustee of the Hudgins, Thompson, Ball and Associates, Inc. Employees' Profit Sharing Retirement Plan Trust, Defendants.

United States District Court, N. D. Oklahoma.

November 23, 1970.

Attorney(s) appearing for the Case

William C. Anderson of Doerner, Stuart, Saunders, Daniels & Langenkamp, Tulsa, Okl., for plaintiff.

A. P. Murrah, Jr., of Andrews, Mosburg, Davis, Elam, Legg & Kornfeld, Oklahoma City, Okl., for defendants.

ORDER

DAUGHERTY, District Judge.

Defendants move for dismissal of Plaintiff's Complaint for failure to state a cause of action. Plaintiff was employed by Defendant Hudgins, Thompson, Ball and Associates, Inc. (HTB) and participated in its Employee Profit Sharing Retirement Plan (Plan), which is administered by Defendant The First National Bank and Trust Company of Oklahoma (FNB) as trustee under the Plan. The Plan contains a provision stipulating that should...

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